Vermont § 5308 - Temporary care order

§ 5308. Temporary care order

• (a) The court shall order that legal custody be returned to the child’s custodial parent,
  guardian, or custodian unless the court finds by a preponderance of the evidence that
  a return home would be contrary to the best interests of the child because any one
  of the following exists: (1) A return of legal custody could result in substantial danger to the physical health,
  mental health, welfare, or safety of the child. (2) The child or another child residing in the same household has been physically or sexually
  abused by a custodial parent, guardian, or custodian, or by a member of the child’s
  household, or another person known to the custodial parent, guardian, or custodian. (3) The child or another child residing in the same household is at substantial risk of
  physical or sexual abuse by a custodial parent, guardian, or custodian, or by a member
  of the child’s household, or another person known to the custodial parent, guardian,
  or custodian. It shall constitute prima facie evidence that a child is at substantial
  risk of being physically or sexually abused if: (A) a custodial parent, guardian, or custodian receives actual notice that a person has
  committed or is alleged to have committed physical or sexual abuse against a child;
  and (B) a custodial parent, guardian, or custodian knowingly or recklessly allows the child
  to be in the physical presence of the alleged abuser after receiving such notice. (4) The custodial parent, guardian, or custodian has abandoned the child. (5) The child or another child in the same household has been neglected and there is substantial
  risk of harm to the child who is the subject of the petition. (b) Upon a finding that a return home would be contrary to the best interests of the child,
  the court may issue such temporary orders related to the legal custody of the child
  as it deems necessary and sufficient to protect the welfare and safety of the child,
  including: (1) a conditional custody order returning or granting legal custody of the child to the
  custodial parent, guardian, custodian, noncustodial parent, relative, or a person
  with a significant relationship with the child, subject to such conditions and limitations
  as the court may deem necessary and sufficient; (2) an order transferring temporary legal custody of the child to a noncustodial parent
  or to a relative; (3) an order transferring temporary legal custody of the child to a person with a significant
  relationship with the child; or (4) an order transferring temporary legal custody of the child to the Commissioner. (c) The court shall consider orders and findings from other proceedings relating to the
  custody of the child, the child’s siblings, or children of any adult in the same household
  as the child. (d) In considering an order under subsection (b) of this section, the court may order
  the Department to conduct an investigation of a person seeking custody of the child,
  and the suitability of that person’s home, and file a written report of its findings
  with the court. The court may place the child in the temporary custody of the Commissioner,
  pending such investigation. (e) If the court transfers legal custody of the child, the court shall issue a written
  temporary care order. (1) The order shall include: (A) A finding that remaining in the home is contrary to the best interests of the child
  and the facts upon which that finding is based. (B) A finding as to whether reasonable efforts were made to prevent unnecessary removal
  of the child from the home. If the court lacks sufficient evidence to make findings
  on whether reasonable efforts were made to prevent the removal of the child from the
  home, that determination shall be made at the next scheduled hearing in the case but,
  in any event, no later than 60 days after the issuance of the initial order removing
  a child from the home. (2) The order may include other provisions as may be in the best interests of the child,
  including: (A) establishing parent-child contact and terms and conditions for that contact; (B) requiring the Department to provide the child with services, if legal custody of the
  child has been transferred to the Commissioner; (C) requiring the Department to refer a parent for appropriate assessments and services,
  including a consideration of the needs of children and parents with disabilities,
  provided that the child’s needs are given primary consideration; (D) requiring genetic testing if parentage of the child is at issue; (E) requiring the Department to make diligent efforts to locate the noncustodial parent; (F) requiring the custodial parent to provide the Department with names of all potential
  noncustodial parents and relatives of the child; and (G) establishing protective supervision and requiring the Department to make appropriate
  service referrals for the child and the family, if legal custody is transferred to
  an individual other than the Commissioner. (3) In his or her discretion, the Commissioner may provide assistance and services to
  children and families to the extent that funds permit, notwithstanding subdivision
  (2)(B) of this subsection. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2015, No. 5, § 4, eff. April 9, 2015; 2015, No. 23, § 61; 2015, No. 60, § 8.)